Accord de Sous-Partenaire
Mis à jour le: 4 nov. 2024
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APPLICABILITY
- These Terms and Conditions (the « Terms ») apply as between Wheely London Limited (« WLL ») and you (« you » or the « Driver ») in relation to the provision of Services which are subject to the PHV Regulations.
- Capitalised terms used but not defined in these Terms have the meanings given to them in the Partner Terms and Conditions available at : https://wheely.com/en/legal/uk/for-drivers/terms (the « Partner Terms »).
- By installing the Driver App, you agree to be bound by these Terms. Please review these Terms carefully before you accept them.
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DEFINITIONS
« PHO » means a private hire operator’s licence issued in accordance with the PHV Regulations.
« PHV Regulations » means the Private Hire Vehicles (London) Act 1998, the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000, and any incidental or supplemental legislation, including any subsequent iterations of the same.
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BASIS OF CONTRACT
Where Services are subject to the PHV Regulations and are procured by WLL from a Driver (« Relevant Services ») :
- WLL provides the Relevant Services to the Client as principal in its capacity as the holder of a PHO;
- the provision of such Relevant Services is subject to a separate contract between WLL and the Client, the terms of which are set out in the TSA;
- you agree to provide the Relevant Services to WLL;
- WLL will issue (in its own name) an invoice to the Client for the gross amount of the journey fare due in respect of the Relevant Services; and
- WLL will deduct its commission (if any) and Wheely’s Commission from the charges it receives from the Client via Wheely before remitting the balance to you.
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SELF-BILLING
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In respect of the Relevant Services, WLL (as customer of the Driver) agrees :
- to issue self-billed invoices for all Relevant Services supplied to it by the Driver until the date of expiry of the contract between WLL and the Driver;
- to complete self-billed invoices showing the Driver’s name, address and VAT registration number, together with all the other details which constitute a full VAT invoice (if the Driver is VAT registered);
- to make a new self-billing agreement in the event that its VAT registration number changes (if the Driver is VAT registered); and
- to inform the Driver if the issue of self-billed invoices will be outsourced to a third party.
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The Driver (as supplier of the Relevant Services) agrees :
- to accept invoices raised by WLL on its behalf until the date of expiry of the contract between WLL and the Driver;
- not to raise sales invoices for the Relevant Services; and
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to notify WLL immediately if he or she :
- changes their VAT registration number (if the Driver is VAT registered);
- ceases to be VAT registered (if the Driver is VAT registered), or
- sells their business or part of their business.
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In respect of the Relevant Services, WLL (as customer of the Driver) agrees :
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WARRANTIES AND UNDERTAKINGS
- You warrant that you do not hold a PHO and you agree that if at any time whilst operating as a Driver in accordance with these Terms you obtain a PHO, you will notify WLL as soon as practicable and in any event within seven days of obtaining such PHO.
- In the event that you obtain a PHO, these Terms will no longer apply to you.
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MISCELLANEOUS
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Clauses 16, 17 and 18 of the Partner Terms are deemed to be incorporated herein as if they
were set out in full below, save that :
- references to Wheely shall be construed as references to WLL;
- references to Service Provider shall be construed as references to Driver; and
- references to « these Terms » shall be construed as references to these Terms (and not the Partner Terms).
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Clauses 16, 17 and 18 of the Partner Terms are deemed to be incorporated herein as if they
were set out in full below, save that :